Affidavit of Support I-134 Questions

[Christian And Van 6]

Hello all!

I have been reading other threads in regards to the I-134 and wanting to get any advice for our particular situation.

We are both living in Portugal, and doing the interview in France for a K1 Visa, our date for interview is September 28th. I have just started a new job in the US which meets income requirements, and I working on a contractual "free-lancer" basis until we actually move to the US (they would be willing to write a letter of intent to hire me).
My fiancee is also in the process of having a company she works for here in Portugal - hire her for a position in the US (they are working out the legal things around this already). She will anyways be able to continue working "based in Portugal" until she can switch over to US legally.

All of this leads up to my question:
Am I able to submit the I-134 given that my last year taxes said 0 basically? I was a student last-year and had no income....but now that I have this income I can show my current pay stubs....but my taxes would do nothing as supporting evidence. 
If need be....as security....I can also get a joint-sponsor to just fill one out - I just want to see what my options are.

Thanks for any input! I also apologize if this was already answered - I tried searching before writing  

[Crazy Cat 39,182]

CURRENT annual income is based on actual job earnings which can be translated to the following 12 months....not job offers.  I assume you have read the I-134 instructions:

This will be even more important when it's time to file the I-864 at AOS.  Good luck.

Edited August 7, 2021 by Lucky Cat

[Crazy Cat 39,182]

1 hour ago, Christian And Van said:

She will anyways be able to continue working "based in Portugal" until she can switch over to US legally.

She will not be authorized to work inside the US until she has and EAD.  That could take 6-10 months.  

https://www.nationofimmigrators.com/courts-on-immigration-law/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

[Boiler 43,392]

K1 does seem an odd choice, well just going from your post.

 

Joint Sponsor seems a good idea in your circumstances, sounds like you are currently self employed.

[Christian And Van 6]

@Lucky Cat Thank you for the information!
I had read it and wanted to clarify on my Tax Documents since I would be "self-employed" up until I am in the US.

Thank you also for that document talking about the inability to work... we are looking into it as our situation juuust changed.

@Boiler Our situation juuuust changed right now as the K1-Visa interview was approved yesterday after applying 1 year ago with USCIS. We were both students at the time. I just so happened to get a job based in the US in this last month, and she just so happened to get accepted for a position with her company also.

Is there another recommendation that you have? Or a reason the K1 visa is not the option to go?

Anyways - we have just gotten a bit lost recently as things have taken so long and our situation as changed.

Thanks both so much

[Crazy Cat 39,182]

4 minutes ago, Christian And Van said:

Or a reason the K1 visa is not the option to go?

For couples already living together, the CR-1 is often the better choice.  Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

Edited August 7, 2021 by Lucky Cat

[Boiler 43,392]

You are where you are, so all a bit late but very rarely when starting the process does the K1 make much sense. 

 

I do not know how the Consulate will judge a recent self employment situation, you can show revenue but not income. Joint Sponsor would seem a good backup.

 

 

[millefleur 5,035]

**One hijack post removed. If you have your own question, please start a new thread and do not piggyback off of existing threads.**

 

VJ Moderation

[SalishSea 16,745]

On 8/7/2021 at 6:20 AM, Christian And Van said:

@Lucky Cat Thank you for the information!
I had read it and wanted to clarify on my Tax Documents since I would be "self-employed" up until I am in the US.

Thank you also for that document talking about the inability to work... we are looking into it as our situation juuust changed.

@Boiler Our situation juuuust changed right now as the K1-Visa interview was approved yesterday after applying 1 year ago with USCIS. We were both students at the time. I just so happened to get a job based in the US in this last month, and she just so happened to get accepted for a position with her company also.

Is there another recommendation that you have? Or a reason the K1 visa is not the option to go?

Anyways - we have just gotten a bit lost recently as things have taken so long and our situation as changed.

Thanks both so much

Unfortunately, she will not be authorized to work for 8-10 months after arriving on the K-1, even remotely.   That is the primary drawback of the K-1.

 

Sounds like you already know you need a joint sponsor.  You also may want to look into the requirements for AOS, so that you're not blindsided by that.

[Christian And Van 6]

Thank you everyone very much for this additional information.

Looks that we over-looked the largest factors in difference - and sadly marriage was overly difficult in our current location during COVID

Thanks for everything everyone - we will readvise our situation and greatly appreciate your help